ARIZONA GAME AND FISH LAWS AND RULES 2015-2016 SUPPLEMENT LEGISLATIVE AND REGULATORY UPDATES THROUGH AUGUST 9, 2017 TITLE 5. AMUSEMENTS AND SPORTS 17-332. Form and content of license; duplicate licenses; transfer of CHAPTER 3. BOATING AND WATERSPORTS license prohibited; exceptions; period of validity ARTICLE 2. POWERS AND DUTIES 17-337. Hunting and fishing licenses; armed forces members and 5-331. Personal flotation devices; requirements; exception spouses ARTICLE 10. BOATING WHILE INTOXICATED 17-340. Revocation, suspension and denial of privilege of taking 5-395. Operating or in actual physical control of a motorized wildlife; civil penalty; notice; violation; classification watercraft while under the influence; violation; classification; definition TITLE 28. TRANSPORTATION CHAPTER 3. TRAFFIC AND VEHICLE REGULATION TITLE 13. CRIMINAL CODE ARTICLE 3. DRIVING UNDER THE INFLUENCE CHAPTER 31. WEAPONS AND EXPLOSIVES 28-1381. Driving or actual physical control while under the 13-3108. Firearms regulated by state; state preemption; injunction; civil influence; trial by jury; presumptions; admissible evidence; penalty; cause of action; violation; classification; definition sentencing; classification TITLE 17. GAME AND FISH TITLE 12. NATURAL RESOURCES CHAPTER 2. GAME AND FISH DEPARTMENT AND GAME CHAPTER 4. GAME AND FISH COMMISSION AND FISH COMMISSION ARTICLE 1. GENERAL REGULATIONS ARTICLE 4. LIVE WILDLIFE 17-314. Civil penalty for illegally taking, wounding or possessing Section wildlife; recovery of civil penalty R12-4-402. Wildlife; Unlawful Acts 17-315. Wildlife theft prevention fund; authorized expenditures ARTICLE 5. BOATING AND WATER SPORTS 17-320. Jaguar; protection; violations; classification; civil liability; Section exceptions R12-4-501. Boating and Water Sports Definitions ARTICLE 3. POWERS AND DUTIES R12-4-502. Application for Watercraft Registration 17-253. Mexican gray wolf; memorandum of understanding; R12-4-503. Renewal of Watercraft Registration; Duplicate Watercraft reporting Registration or Decal ARTICLE 4. FISCAL PROVISIONS R12-4-504. Watercraft Fees; Penalty for Late Registration; Staggered 17-265. Game and fish in-lieu fee program restoration Registration Schedule endowment trust fund; exemption; definition R12-4-505. Hull Identification Numbers ARTICLE 6. ARIZONA GAME AND FISH COMMISSION R12-4-506. Invalidation of Watercraft Registration and Decals HERITAGE FUND R12-4-507. Transfer of Ownership of an Abandoned or Unreleased 17-298. Expenditures from fund; purpose and amounts; annual Watercraft report R12-4-509. Watercraft Dealers; Agents CHAPTER 3. TAKING AND HANDLING OF WILDLIFE R12-4-510. Refund of Fees Paid in Error ARTICLE 2. LICENSES R12-4-511. Personal Flotation Devices R12-4-513. Watercraft Incident and Casualty Reports Page 1 of 62 Place in pocket of Arizona Game and Fish Laws and Rules 2015-2016 Edition ARIZONA GAME AND FISH LAWS AND RULES 2015-2016 SUPPLEMENT LEGISLATIVE AND REGULATORY UPDATES THROUGH AUGUST 9, 2017 R12-4-514. Liveries B. Any person who is being towed behind a watercraft shall wear a R12-4-515. Display of AZ Numbers and Registration Decals wearable personal flotation device while being towed except for a R12-4-517. Watercraft Motor and Engine Restrictions performer who is engaged in a professional exhibition. R12-4-520. Arizona Aids to Navigation System C. A child who is twelve years of age or under and who is on board a R12-4-521. Repeal watercraft shall wear a properly fitting United States coast guard R12-4-522. Repeal approved wearable personal flotation device whenever the watercraft is R12-4-524. Towed Water Sports underway. R12-4-526. Unlawful Mooring D. Subsection C of this section not apply to small passenger vessels that R12-4-527. Transfer of Ownership of a Towed Watercraft are not for hire on navigable waters, that maintain a coast guard R12-4-529. Nonresident Boating Safety Infrastructure Fees; Proof of certificate of inspection and that are being operated by United States Payment coast guard licensed pilots within a distance of one-fourth mile from R12-4-530. Third-party Providers; Agents the nearest shore as a means of transporting passengers and when the duration of time the vessel is underway on the water does not exceed ARTICLE 7. HERITAGE GRANTS ten minutes. Section R12-4-701. Heritage Grant Definitions TITLE 5 - AMUSEMENTS AND SPORTS R12-4-702. General Provisions; Heritage Grant Fund Requirements CHAPTER 3 BOATING AND WATERSPORTS ARTICLE 10 BOATING WHILE INTOXICATED ARTICLE 8. WILDLIFE AREAS AND DEPARTMENT PROPERTY Section 5-395. Operating or in actual physical control of a motorized watercraft R12-4-801. General Provisions while under the influence; violation; classification; definition R12-4-802. Wildlife Area and Other Department Managed Property A. It is unlawful for any person to operate or be in actual physical control Restrictions of a motorized watercraft that is underway within this state under any R12-4-803. Wildlife Area and Other Department Managed Property of the following circumstances: Boundary Descriptions 1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the TITLE 5. AMUSEMENTS AND SPORTS person is impaired to the slightest degree. CHAPTER 3. BOATING AND WATERSPORTS 2. If the person has an alcohol concentration of 0.08 or more within ARTICLE 2. POWERS AND DUTIES two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from 5-331. Personal flotation devices; requirements; exception alcohol consumed either before or while operating or being in A. All watercraft, except sailboards, shall carry United States coast guard actual physical control of the motorized watercraft. approved personal flotation devices of the type and category prescribed 3. While there is any drug as defined in section 13-3401 or its by regulations of the commission. There shall be one such device in metabolite in the person's body. good and serviceable condition for each person on board and so placed 4. If the motorized watercraft is a commercial motorized watercraft as to be readily accessible for immediate use. and the person has an alcohol concentration of 0.04 or more. Page 2 of 62 Place in pocket of Arizona Game and Fish Laws and Rules 2015-2016 Edition ARIZONA GAME AND FISH LAWS AND RULES 2015-2016 SUPPLEMENT LEGISLATIVE AND REGULATORY UPDATES THROUGH AUGUST 9, 2017 B. It is not a defense to a charge of a violation of subsection A, paragraph 3. If there was at that time 0.08 or more alcohol concentration in the 1 of this section that the person is or has been entitled to use the drug defendant's blood, breath or other bodily substance, it may be under the laws of this state. presumed that the defendant was under the influence of C. A person using a drug prescribed by a medical practitioner who is intoxicating liquor. licensed pursuant to title 32 and who is authorized to prescribe the drug G. Subsection F of this section shall not be construed as limiting the is not guilty of violating subsection A, paragraph 3 of this section. introduction of any other competent evidence bearing on the question D. The state shall not dismiss a charge of violating this section for either of whether or not the defendant was under the influence of intoxicating of the following: liquor. 1. In return for a plea of guilty or no contest to any other offense by H. If a blood test is administered, only a physician, a registered nurse or the person charged with the violation of this section. another qualified person may withdraw blood for the purpose of 2. For the purpose of pursuing any other misdemeanor or a petty determining the alcohol concentration or drug content. The offense, including those arising out of the same event or course of qualifications of the individual withdrawing the blood and the method conduct, unless there is clearly an insufficient legal or factual basis used to withdraw the blood are not foundational prerequisites for the to pursue the charge of violating this section. admissibility of any blood alcohol content determination made pursuant E. In any prosecution for a violation of this section the state, for the to this subsection. purpose of classification and sentencing pursuant to section 5-395.01 or I. If a law enforcement officer administers a duplicate breath test and the 5-396, shall allege all prior convictions of violating this section person tested is given a reasonable opportunity to arrange for an occurring within the past eighty-four months, unless there is clearly an additional test pursuant to subsection J of this section, a sample of the insufficient legal or factual basis to do so. person's breath does not have to be collected or preserved. F. In a trial, action or proceeding for a violation of this section or section J. The person tested shall be given a reasonable opportunity to arrange for 5-396 other than a trial, action or proceeding involving operating or any physician, registered nurse or other qualified person of the tested being in actual physical control of a commercial motorized watercraft, person's own choosing to administer a test or tests in addition to any the defendant's alcohol concentration within two hours of the time of administered at the direction of a law enforcement officer. The failure operating or being in actual physical control as shown by analysis of or inability to obtain an additional test by a person does not preclude the defendant's blood, breath or other bodily substance gives rise to the the admission of evidence relating to the test or tests taken at the following presumptions: direction of a law enforcement officer. 1. If there was at that time 0.05 or less alcohol concentration in the K.